Shiv Kumar and 13 Others v. Deputy Director of Consolidation Shrawasti and 2 Other

Court No. - 18 Case :- WRIT - B No. - 593 of 2023 Petitioner :- Shiv Kumar And 13 Others Respondent :- Deputy Director Of Consolidation Shrawasti And 2 Other Counsel for Petitioner :- Bajrangi Lal Mishra Counsel for Respondent :- C.S.C. Hon'ble Shree Prakash Singh,J.

¶1It has been submitted by learned counsel for the petitioners that Case No. 284/95-96 under Section 9 A(2) of the U.P. Consolidation of Holdings Act, 1953 (Rajeshwar Prasad Vs. Ram Vilas and others) is concluded on 29.11.2023 and the matter is fixed for 12.12.2023 for orders and it was open for the parties to submit written arguments.

¶2Learned counsel for the petitioners further submits that the interest of justice would sub-serve if the court below is directed to conclude the aforesaid proceedings, within a period of one month and further the parties may be directed to maintain status quo till final decision is passed in the Case No. 284/95-96 under Section 9 A(2) of the U.P. Consolidation of Holdings Act, 1953 (Rajeshwar Prasad Vs. Ram Vilas and others) within a stipulated period of time as may be fixed by this Court.

¶3Learned Standing Counsel has opposed the aforesaid contention and submits that the learned counsel for petitioners himself has admitted that the matter is fixed for orders and thus after passing of two years the question of balance of convenience does not arise, therefore, the request of the petitioners may be turned down.

¶4In view of the aforesaid submissions, the court below is directed to conclude the aforesaid matter within a period of 30 days or on 12.12.2023. The parties are directed to maintain status quo till the final order is passed in Case No. 284/95-96 under Section 9 A(2) of the U.P. Consolidation of Holdings Act, 1953 (Rajeshwar Prasad Vs. Ram Vilas and others).

¶5It is further clarified that the petitioners shall not seek any adjournment in the matter and if there is any adjournment, the benefit of the aforesaid order shall not be available to them.

¶6It is further clarified that nothing has been adjudicated on merits.

¶6With the aforesaid observations, the instant writ petition is disposed of. Order Date :- 5.12.2023 Virendra High Court of Judicature at Allahabad, Lucknow Bench